Four councillors added to retention file for infill near Clare SAC

FOUR Ennis councillors are included as public representatives on a planning application seeking permission for an unauthorised infill development near a Special Area of Conservation on the outskirts of Ennis.

Brendan Keane has lodged a planning application with Clare County Council seeking retention permission for the recently constructed replacement fence and the infilling works to the site at the rear of Ennis Abattoir, Tulla Road, Ennis.

Councillor Mary Howard, Councillor Mark Nestor, Councillor Clare Colleran-Molloy and Councillor Pat Daly wrote to the council asking to include them as public representatives on the file.

Councillor Colleran-Molloy stated, “it is my understanding that support for this appeal lies in the fact there was need for the works to protect the boundary fence and to allow trucks to turn.”

Councillor Nestor said he would like to make representations on behalf of the applicant and hoped this representation would be taken into consideration when a decision is being made.

Councillor Howard outlined she would like to have her name attached to this file on behalf of the applicant, while Councillor Daly said he would like to make a representation on the file.

Plans have been submitted by Michael Eustace and Co Limited, Consulting Engineers, Ennis including copies of site layout plan, fence detail, screening report for appropriate assessment and engineer’s report.

The site is located about 1.3 kilometres from the centre of Ennis, on the southern side of the R352 Ennis to Tulla Road.

It contains an existing abattoir, which is set back from the edge of the public road, which forms the northern boundary.

The site is bound to the east and south by the Fergus Manor River, to the west by the Ennis to Galway Railway line, Doherty Environmental submitted a report of a Screening for Appropriate Assessment (AA) to the local planning authority.

This report stated an examination of the project’s potential to result in likely significant effects to the qualifying features of the SAC was completed.

“This examination has found the project doesn’t have the potential to result in likely significant effects to the Lower River Shannon SAC or any of the qualifying features of interest of the SAC that occur within the vicinity of the project site.”

The council concluded in light of the report, “that the project is not likely, alone or in combination with other plans or projects to have a significant effect on any European site in view of their conservation objectives and on the basis of best scientific evidence and there is no reasonable scientific doubt to that conclusion”.

A submission from Paddy Coleman and Associates on behalf of Pat Quinn expressed concern about the “negative impact” from the additional infill within the subject site on the adjoining Special Area of Conservation (SAC) Lower River Shannon, if this application is approved.

This submission argued the applicant has not provided adequate details in relation to the works to be retained, nor has the application adequately assessed the cumulative impact the development together with other unauthorised infilling works, which have taken place on adjacent lands over the years.

It stated the applicant should be requested to provide clear information in relation to the exact area of infill to be retained, volume of infilling to be retained, description of infill material and details about where it was imported from.

A cross section through the application area showing fence to be retained and infill to be retained as part of this application and to confirm the exact line of new fencing to be retained was also requested in the submission.

“We have overlaid the boundary of the Lower River Shannon SAC as defined by the National Parks and Wildlife Service (NPWS) onto the Site Layout Plan.

“It would appear from this overlay exercise that part of the infilling to the south of the site identified on the site layout plan is within the SAC boundary.”

The submission expressed concern the Screening Report for Appropriate Assessment has not assessed the potential for the proposed works to be retained in combination with other projects so as not to result in a significant affect on the SAC.

This report referred to planning applications including one from a proposed Primary Health Centre on lands to the east of the existing petrol station, which was deemed invalid.

A Section Five referral application was lodged with Clare County Council, which included the site of the planning application for the health centre.

This Section Five referral application was referred to An Bord Pleanála, which concluded that groundworks undertaken including the importation and disposition of fill material to create a hardstanding area and the raising for ground levels from 2013 onwards at Knockanoura, Tulla Road was development and was not exempted development.

Following this decision application for Leave for Substitute Consent was applied for by Valley Healthcare Fund Infrastructure Investment.

This application was granted with a subsequent extension of time for making the Substitute Consent Application.

“The Screening Report for Appropriate Assessment submitted as part of this application has not identified any of the unauthorised infilling works on the adjacent lands referred to above.

“Nor has it referred to the unauthorised infilling, which took place on the site in January 2003. The effect of these other unauthorised infilling works on the subject site and on the adjacent lands in combination with the works the subject of this application and their potential to affect the qualifying interest of the SAC has therefore not been assessed.”

A written statement submitted by local resident Patrick Quinn stated he and his children have witnessed swans, ducks, otters, foxes, badgers, heron and other water species of birdlife on the eastern side of the subject site for many years.

For some long number of months preceding the lodging of the planning application in early December, he stated there was and continues to be a dearth of wildlife observable by him and family members in and adjacent to the Fergus Minor River on the southern side of the Tulla Road, which adjoins the eastern and southern boundary of the subject site.

“I honestly believe that such a state of affairs may very well be attributable to the unlawful infilling works recently undertaken on the subject site and the attendant disturbance, or removal, of animal habitats entailed by such activity. I have concerns that the unauthorised infilling of the subject site may have had significant adverse impact and effect upon the surrounding wildlife environment.”